Discussion on Transfer and Legality Issues
A management-grade employee was transferred to a non-core area of the marketing department. The CPSE employee challenged this in the High Court (HC) against the purpose of the appointment but failed to get relief as per HC judgments. Please note the order of incidents:
1. The transfer order dated 10-10-13 moved the employee from the core area department to the non-core area department of marketing, reporting to GM-Marketing.
2. The CPSE employee did not report to the transferred location but went to HC seeking relief from 10-10-13 to 25-12-13, almost 75 days.
3. Based on HC orders, the employee reported for duty on 26-12-13, with medical leaves and medical fitments.
4. The medical leaves were approved and sanctioned by GM-HRD on 26-12-13. (As per the transferred order dated 10-10-13, the employee's reporting officer is GM-Marketing, not GM-HRD.)
5. Based on leave sanctioned by GM-HRD, a salary slip and salary were issued. (The salary slip does not mention designation and department, though the leaves are sanctioned by GM-HRD but deemed to be in the HRD department.)
6. CPSE forced the employee to join and report to the marketing department on 1-01-14 without a fresh transfer order as of 1-01-14.
The employee argues that as per the transfer order dated 10-10-13, their reporting department is marketing and the reporting authority is GM-Marketing; hence, the leave sanctioning authority from 10-10-13 should be GM-Marketing, not GM-HRD.
During the period from the transfer order dated 10-10-13 to 26-12-13, the employee was in the HRD department, as per the leave sanctioning authority, i.e., GM-HRD, which overruled the transfer order dated 10-10-13 by the default act of GM-HRD.
Before CPSE forced the employee to join the marketing department and report to GM-Marketing, the HRD department failed to issue a new transfer order as of 1-01-14, instead forcing the employee to join the marketing department based on the previous transfer order dated 10-10-13.
Since the employee didn't join duty based on the transfer order dated 10-10-13, they were eligible for notice; however, it was superseded based on the HC order.
Based on the leave sanction and salary payment authority, the employee was in the HRD department, not the marketing department.
Questions on Legality and Employee Rights
1. Is CPSE forcing the employee to join and work in the marketing department from 1-01-14 until today considered a slavery act by CPSE without a valid transfer order?
2. Is it a crime against the employee?
3. Whatever happened to the employee in the marketing department from 1-01-14 until today regarding work, salary, promotion, and leaves sanctioned by the marketing HOD is null and void?
4. Finally, is the transfer order dated 10-10-13 illegal, after leaves were sanctioned by the HRD department and salary was paid from the HRD department?
In what way can the employee get relief in a legal forum, and can they take for granted that the transfer order dated 10-10-13 is null and void, considering CPSE illegally forced them to slog in the marketing department from 1-01-14 until now?
From India, Bangalore
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A management-grade employee was transferred to a non-core area of the marketing department. The CPSE employee challenged this in the High Court (HC) against the purpose of the appointment but failed to get relief as per HC judgments. Please note the order of incidents:
1. The transfer order dated 10-10-13 moved the employee from the core area department to the non-core area department of marketing, reporting to GM-Marketing.
2. The CPSE employee did not report to the transferred location but went to HC seeking relief from 10-10-13 to 25-12-13, almost 75 days.
3. Based on HC orders, the employee reported for duty on 26-12-13, with medical leaves and medical fitments.
4. The medical leaves were approved and sanctioned by GM-HRD on 26-12-13. (As per the transferred order dated 10-10-13, the employee's reporting officer is GM-Marketing, not GM-HRD.)
5. Based on leave sanctioned by GM-HRD, a salary slip and salary were issued. (The salary slip does not mention designation and department, though the leaves are sanctioned by GM-HRD but deemed to be in the HRD department.)
6. CPSE forced the employee to join and report to the marketing department on 1-01-14 without a fresh transfer order as of 1-01-14.
The employee argues that as per the transfer order dated 10-10-13, their reporting department is marketing and the reporting authority is GM-Marketing; hence, the leave sanctioning authority from 10-10-13 should be GM-Marketing, not GM-HRD.
During the period from the transfer order dated 10-10-13 to 26-12-13, the employee was in the HRD department, as per the leave sanctioning authority, i.e., GM-HRD, which overruled the transfer order dated 10-10-13 by the default act of GM-HRD.
Before CPSE forced the employee to join the marketing department and report to GM-Marketing, the HRD department failed to issue a new transfer order as of 1-01-14, instead forcing the employee to join the marketing department based on the previous transfer order dated 10-10-13.
Since the employee didn't join duty based on the transfer order dated 10-10-13, they were eligible for notice; however, it was superseded based on the HC order.
Based on the leave sanction and salary payment authority, the employee was in the HRD department, not the marketing department.
Questions on Legality and Employee Rights
1. Is CPSE forcing the employee to join and work in the marketing department from 1-01-14 until today considered a slavery act by CPSE without a valid transfer order?
2. Is it a crime against the employee?
3. Whatever happened to the employee in the marketing department from 1-01-14 until today regarding work, salary, promotion, and leaves sanctioned by the marketing HOD is null and void?
4. Finally, is the transfer order dated 10-10-13 illegal, after leaves were sanctioned by the HRD department and salary was paid from the HRD department?
In what way can the employee get relief in a legal forum, and can they take for granted that the transfer order dated 10-10-13 is null and void, considering CPSE illegally forced them to slog in the marketing department from 1-01-14 until now?
From India, Bangalore
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Transfer Dispute: Employee's Legal Rights and Departmental Responsibilities
A management-grade employee was transferred to a non-core area of the marketing department. The CPSE employee challenged the transfer in the HC, questioning the purpose of the appointment, but failed to obtain relief as per HC judgments. Please note the order of incidents:
1. The transfer order dated 10-10-13 moved the employee from the core area department to the non-core area department of marketing, reporting to GM-Marketing.
2. The CPSE employee did not report to the transferred location but sought relief from the HC from 10-10-13 to 25-12-13, a period of almost 75 days.
3. Based on HC orders, the employee reported for duty on 26-12-13, with medical leaves and medical fitments.
4. The medical leaves were approved and sanctioned by GM-HRD on 26-12-13. (According to the transfer order dated 10-10-13, the employee's reporting officer should be GM-Marketing, not GM-HRD.)
5. Based on the leave sanctioned by GM-HRD, a salary slip and salary were issued. (The salary slip does not mention designation and department, though the leaves are sanctioned by GM-HRD but deemed to be from the HRD department.)
6. CPSE forced the employee to join and report to the marketing department on 1-01-14 without a fresh transfer order.
The employee argues that as per the transfer order dated 10-10-13, the employee's reporting department is marketing, and the reporting authority is GM-Marketing. Hence, the leave sanctioning authority from 10-10-13 should be GM-Marketing, not GM-HRD.
During the period from the transfer order dated 10-10-13 to 26-12-13, the employee was in the HRD department. As per the leave sanctioning authority, i.e., GM-HRD, the transfer order dated 10-10-13 is overruled by default due to the actions of GM-HRD.
Before CPSE forced the employee to join the marketing department and report to GM-Marketing, the HRD department failed to issue a new transfer order as of 1-01-14, instead forcing the employee to join the marketing department based on the previous transfer order dated 10-10-13.
Since the employee didn't join duty based on the transfer order dated 10-10-13, notice eligibility arises, but this is superseded based on the HC order.
Based on the leave sanction and salary payment authority, the employee was in the HRD department, not the marketing department.
CPSE forcing the employee to join and work in the marketing department from 1-01-14 onwards is considered a form of coercion by CPSE without a valid transfer order. It is a violation of the employee's rights.
Whatever happened to the employee in the marketing department from 1-01-14 onwards regarding work, salary, promotion, and leaves sanctioned by the marketing HOD is null and void.
Legal Relief and Consideration of Transfer Order Validity
Finally, is the transfer order dated 10-10-13 illegal, after leaves were sanctioned by the HRD department and salary was paid from the HRD department?
In what way can the employee seek relief in a legal forum, and can they consider the transfer order dated 10-10-13 null and void, as CPSE illegally forced them to work in the marketing department from 1-01-14 onwards?
Regards
From India, Bangalore
Acknowledge(0)Amend(0)
A management-grade employee was transferred to a non-core area of the marketing department. The CPSE employee challenged the transfer in the HC, questioning the purpose of the appointment, but failed to obtain relief as per HC judgments. Please note the order of incidents:
1. The transfer order dated 10-10-13 moved the employee from the core area department to the non-core area department of marketing, reporting to GM-Marketing.
2. The CPSE employee did not report to the transferred location but sought relief from the HC from 10-10-13 to 25-12-13, a period of almost 75 days.
3. Based on HC orders, the employee reported for duty on 26-12-13, with medical leaves and medical fitments.
4. The medical leaves were approved and sanctioned by GM-HRD on 26-12-13. (According to the transfer order dated 10-10-13, the employee's reporting officer should be GM-Marketing, not GM-HRD.)
5. Based on the leave sanctioned by GM-HRD, a salary slip and salary were issued. (The salary slip does not mention designation and department, though the leaves are sanctioned by GM-HRD but deemed to be from the HRD department.)
6. CPSE forced the employee to join and report to the marketing department on 1-01-14 without a fresh transfer order.
The employee argues that as per the transfer order dated 10-10-13, the employee's reporting department is marketing, and the reporting authority is GM-Marketing. Hence, the leave sanctioning authority from 10-10-13 should be GM-Marketing, not GM-HRD.
During the period from the transfer order dated 10-10-13 to 26-12-13, the employee was in the HRD department. As per the leave sanctioning authority, i.e., GM-HRD, the transfer order dated 10-10-13 is overruled by default due to the actions of GM-HRD.
Before CPSE forced the employee to join the marketing department and report to GM-Marketing, the HRD department failed to issue a new transfer order as of 1-01-14, instead forcing the employee to join the marketing department based on the previous transfer order dated 10-10-13.
Since the employee didn't join duty based on the transfer order dated 10-10-13, notice eligibility arises, but this is superseded based on the HC order.
Based on the leave sanction and salary payment authority, the employee was in the HRD department, not the marketing department.
CPSE forcing the employee to join and work in the marketing department from 1-01-14 onwards is considered a form of coercion by CPSE without a valid transfer order. It is a violation of the employee's rights.
Whatever happened to the employee in the marketing department from 1-01-14 onwards regarding work, salary, promotion, and leaves sanctioned by the marketing HOD is null and void.
Legal Relief and Consideration of Transfer Order Validity
Finally, is the transfer order dated 10-10-13 illegal, after leaves were sanctioned by the HRD department and salary was paid from the HRD department?
In what way can the employee seek relief in a legal forum, and can they consider the transfer order dated 10-10-13 null and void, as CPSE illegally forced them to work in the marketing department from 1-01-14 onwards?
Regards
From India, Bangalore
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